NARESH KUMAR JAIN Vs. STATE PUBLIC SERVICES TRIBUNAL

JUDGEMENT

(1.) This writ petition was initially filed in the Allahabad High Court in the year 1994 questioning the order passed by the State Public Services Tribunal, Lucknow in Claim Petition No. 290/F/III/1992 dtd. 7/5/1994. The State Public Services Tribunal had, by its order dtd. 7/5/1994, quashed the termination order of the petitioner dtd. 11/9/1980 as illegal and void. The opposite parties (respondents) were directed to re-instate the petitioner forthwith, and were directed to pay him salary from the date of his joining till the date of his superannuation, if he had not already retired on attaining the age of superannuation. The Tribunal, however, observed that no orders were being passed for payment of salary to the petitioner, for the intervening period, on account of his continued absence from duty; and it was open to the opposite party to regularize the period of absence if deemed proper, and in accordance with the Rules.

(2.) The Government of Uttar Pradesh questioned the order, passed by the State Public Services Tribunal, before the Allahabad High Court to the extent the earlier order of termination dtd. 11/4/1980 was quashed. The petitioner-employee filed the present writ petition before the Allahabad High Court questioning the order passed by the State Public Services Tribunal to the extent he was denied salary from the date of his termination till he was permitted to join duty. While the Writ Petition filed by the Government of Uttar Pradesh, against the order of the State Public Services Tribunal, continued to remain on the file of the Allahabad High Court, the Writ Petition filed by the employee (petitioner) was transferred to this Court and was renumbered as Writ Petition (S/B) No. 149 of 2007 (Old No. 36190 of 1994).

(3.) A Division Bench of this Court in its order dtd. 10/11/2010, after taking note of the fact that the challenge to the order of the Tribunal, to the extent the termination order of the petitioner was set aside, was still pending before the Allahabad High Court, which had granted stay of the operation of the order passed by the State Public Services Tribunal, held that, consequently, hearing of this writ petition should await the decision of the Allahabad High Court. The matter was directed to be adjourned with liberty to the petitioner to request for an early date of hearing as soon as the writ petition, pending before the Allahabad High Court, was decided.